Lukenbill

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JON HUMES, No. 2:17-cv-2609 MCE KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS DEPUTY BRANDON LUKENBILL, Defendant. 16 Plaintiff is a former county jail inmate. Defendant’s motion to dismiss is before the court. As set forth below, defendant’s motion should be granted. I. Plaintiff’s Allegations In his second amended complaint, plaintiff alleges that after defendant Lukenbill heard plaintiff say a cuss word, defendant came into plaintiff’s cell, handcuffed plaintiff, then hit plaintiff in the mouth, knocking plaintiff to the floor. (ECF No. 16 at 4.) Defendant then kicked plaintiff in the ribs more than ten times. (Id.) Plaintiff suffered broken ribs. He seeks money damages for the alleged violation of his Fourteenth Amendment due process rights. Plaintiff identifies defendant Lukenbill as a deputy sheriff at the Placer County Jail. (ECF No. 16 at 2.) In his second amended complaint, plaintiff…